Image Translation

These Terms of Use establish the terms under which Image Translation will perform your Creative, Translation or Consulting Services project.

By requesting a Creative, Translation or Consulting Services project from Image Translation, you agree to be bound by these Terms of Use. Please read carefully the Terms of Use incorporated herein. If you do not wish to be bound by the Terms of Use, Image Translation will not be able to perform Creative, Consulting or Translation Services for you.

Terms Applicable to Image Translation Creative Services

1. General Terms Applicable to Image Translation Creative Services

a. If you are requesting a Creative Services project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.

b. If you provide Image Translation with any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.

c. The designs, images and/or their written copy (collectively, “Designs”) prepared by Image Translation for you as part of your Creative Services project may have similarities to Designs prepared by Image Translation for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by Image Translation and Image Translation reserves the right to use the same or similar Design elements in other Creative Services projects or otherwise for other parties in the future. Except for the specific Creative Services project content provided to Image Translation by you (as in case of purchased copyright rights to a particular Design from Image Translation), all rights in all Creative Services work product, including without limitation both final Designs and all interim and draft Designs, are retained by Image Translation. Your right to use any Designs prepared by Image Translation for you is limited to the finished digital or printed products in the form they are supplied to you by Image Translation. You may not copy, disassemble, modify, or transfer any such Designs, unless you have obtained a copyright  for a particular Design from Image Translation.

d. Image Translation reserves the right, in Image Translation’s sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that Image Translation shall have no liability of any kind to you or to any third party arising from such refusal or termination.

e. Image Translation reserves the right to make changes to these Terms of Use and to the products and services offered by Image Translation Creative Services at any time without prior notice. You should review these Terms of Use, each time you access the Creative Services site.

f. Image Translation reserves the right to use any Designs and/or your finished Creative Services project products on the discretion of Image Translation, unless you have purchased (from Image Translation) copyright rights to a particular Design developed for you by Image Translation.

2. Terms Applicable to Delivery of Designs and Pre-paid Fees

a. Payment for any and all creative services to be provided by Image Translation Creative Services is due in advance of any work by Image Translation Creative Services. An exception to this rule is development of Traditional Paintings by Image Translation, in which case a fee of 50% should be paid by the Customer in advance, and the other 50% should be paid before shipment of the final product.

b. Initial Design concepts are expected to be sent to you within 10 business days (23 business days for a traditional painting) of your initial order provided all content and information needed from you is completed and received. Your Designs will be delivered in web preview format (in low resolution images) by email notification, which you must view by logging in to your Image Translation account with a user ID and Password. If the email address you provide is not valid or is filtered by your email system, Image Translation Creative Services will not be liable for any missed deadlines and will not refund clients for this reason. Delivery time of printed materials will be estimated on a case basis depending on a choice of postal courier (as per agreement with Customers).

c. Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee.

d. Any local customs fees, if applicable, should be paid by the Customer, and Image Translation takes no responsibility for payment of such fees.

3. Acceptance and Cancellation

a. When we have received your payment and started developing Creative Services for you, no project cancellation is allowed. 50% of the project fees (which are paid in advance) are nonrefundable.

b. The remaining fees if any are due Product sending. I.e., if the Customer cancels Image Translation services after he/she has ordered a Traditional Painting and has paid to Image Translation 50% of the fees, the remaining fees (50% of the total project fees) will be waived after cancellation of a Traditional Painting. The fees paid in advance for develpment of a Traditional Painting are nonrefundable.

4. Return Policy

a. When an order is ready, the Customer will receive (electronically) a low-resolution image for the Customer to judge the result and see if he/she is satisfied with it.

b. In case the Customer is not satisfied with a Digital Image or has suggestions for its improvements, we will offer him/her a second alternative for a digital image within 7 business days from the date of Customer's feedback (provided also in low resolution), after which Image Translation will reimburse the Customer 50% of the price in case the Customer is still not satisfied with the result. 50% of project fees are kept by Image Translation in any case to account for work of our artists and engineers. 

c. In case the Customer is not satisfied with a low-resolution image for an order of a Traditional Painting, Image Translation will keep 50% of the fees (the amount the Customer has paid in advance) to account for work of our specialists and costs of materials. Image Translation will not ship the Painting to the Customer if he/she is  not satisfied with the low-resolution image, and the Customer will not be billed the remaining project fees or shipment costs (which are due to the date of shipment of the ready product to the Customer). But Image Translation will keep 50% of total project fees in any case, to account for work of our professionals.

d. The Customer cannot neither return the product nor exchange it after a high-resolution image or a Traditional Painting has been sent by Image Translation to an email or home/business address designated by the Customer.

e. After the Customer has accepted a low-resolution image of a Digital Image or of a copy of a Traditional Painting, Image Translation does not accept any returns.  

f. After receiving a confirmation from the Customer (via e-mail) concerning Customer's approval of a low-resolution image of a Traditional Painting, Image Translation bills the Customer the remaining fees (this particularly concerns traditional paintings delivery) and also costs of shipment. The product is then delivered to the Customer by designated postal services only after Image Translation has received this remaining amount on its bank account or successfully charged your credit card.

5. Additional Customer Requirements

a. You must be 18 Years old or older to purchase a Creative Services project and utilize Image Translation’s Creative Services.

b. It is your responsibility to provide images, or other content if needed to complete the project. You must contact Image Translation with any changes, updates, or enhancements to the project you are requesting starting from date of sale.

c. You must send an electronic notification to Image Translation Creative Services at info@image-translation.com for any requests to cancel services.

6. Damages and Liabilities

a. Image Translation Creative Services disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the Image Translation site or any information, even if Image Translation has been advised of the possibility of such damages.

b. All delivery times are estimates only, and Image Translation is not responsible for any late Creative Services projects and/or impact to Customer’s business due to a late project and/or printing. Image Translation advises that Customers plan at least one month for any Creative Services project and associated printing and shipping time.

Terms Applicable to Logo Design Services

If your Design Services project involves the development of a logo design, you acknowledge and agree to the following:

a. Image Translation is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party.

b. Image Translation does not guarantee that your logo will not have similarities to logos designed by Image Translation for other parties. You are obtaining no right or claim of any kind to any individual design element or elements of the logo apart from your logo as a whole and Image Translation reserves the right to use one or more of the design elements in other logo design projects for other parties in the future.

c. Upon payment in full of all design fees owed to Image Translation, Image Translation will make the logo image artwork available to you for your royalty-free use. The logo artwork will be made available to you in a mutually agreed format. Please check the Design Services site or consult a Design Services Account Representative for a list of available formats. Image Translation reserves the right to display the logo in Image Translation advertising, promotional, and corporate materials related to its logo design services.

Terms Applicable to High Resolution Image Creation and Photo Restoration Services

If your Design Services project involves Photo Restoration, or the creation and delivery to you of a higher resolution version of a lower resolution image uploaded or otherwise provided by you, you acknowledge and agree to the following:

a. You unconditionally represent and warrant that you have all appropriate and necessary right and authority to create and use an original photo or a higher resolution image version of the image you provide to Image Translation and that your use of the higher resolution image will not infringe any trademark, copyright, or other right of any other party.

b. Upon payment in full of all design fees owed to Image Translation, Image Translation will make available the higher resolution image artwork to you for your royalty-free use. The image artwork will be made available to you in a mutually agreed format. lease check the Design Services site or consult a Design Services Account Representative for a list of available formats.

Terms Applicable to Consulting and Language Translation Services

a. Image Translation will deliver your project as per time estimation communicated to the Customer before the start of the project.

b. Upon receipt of Customer’s order, Image Translation will assess the order and will communicate (electronically) the time and price offer together with an electronic invoice.

c. Image Translation reserves the right to refuse any Translation or Consulting project as per availability of resources and content of material/consulting requested.

d. Image Translation will start working on your Translation project only after receipt of the project fees (which are to be paid in advance in full and are nonrefundable).

e. Delivery times for Translation and Consulting Services provided by Image Translation will be assessed on a case-by-case basis since service delivery will strongly depend on the content of material and exact services requested.

f. Any Consulting Service provided to the Customers will require a detailed contract regarding a specific service, and the agreement signed by both parties will describe the nature of business relationship between the two parties (i.e., between the Customer and Image Translation).

g. Neither Consulting Services nor Language Translations cannot be returned or exchanged.  

Copyright and Trademark Law

The total content of the website as well as corresponding Web Shop area is protected by copyright. Downloading or printing out individual pages, images and/or sub-sections of the website is permitted for private purposes if neither the copyright marks nor other legally protected marks are removed. Complete or partial reproduction, modification, linking or use of this website for public or commercial privileges is prohibited without written permission of Image Translation.

When making a purchase of an Image from Image Translation, the copyright right for this product stays with Image Translation if not specified otherwise during the purchase. Only in case of the Customer obtaining the exclusive rights to a particular Image from Image Translation (and only if these purchased rights include the copyright transfer) by either purchasing such rights or otherwise getting an explicit written permission statement from Image Translation, copyright should become property of the Customer as per date stated on the purchase or written statement.   

Privacy Statement 

Image Translation is committed to respecting data-protection regulations. This statement informs you of the steps we take to protect your rights.

By personal data we mean (a) the details you provide us via our forms, e.g. your email address, all ordering and billing information, such as postal addresses and payment details, and (b) all data captured in authentication and tracking logs.

By using our site and by registering for any of our services or products, you accept that such personal data will be gathered and stored in our databases.

We will maintain appropriate safeguards to ensure the security, integrity and privacy of your personal data. We do not share personal data with other companies for marketing or similar purposes.

This data will be used by Image Translation to provide you with the services and products you have ordered. We may also occasionally use it to inform you of new services and products related to those you have ordered and of changes and activities within Image Translation. By registering for services and products in Image Translation, you agree to Image Translation using your email address in this way.

Authentication and tracking logs will be used to produce usage statistics. This information does not contain any personally identifiable information. Image Translation reserves the right to have logs and databases analyzed by external service providers, in which case every effort will be made to protect the security, integrity and privacy of the data.

Please note that we take no responsibility for personal data posted on any open forums or message boards. 

Force Majeure

We shall not be liable for failure to fulfil our obligations under this Agreement if such failure is due to any cause or condition beyond our control, such as the use of third parties' equipment or services, communications failure, natural disaster, acts of God, strikes, fire, floods, war, riot, electrical power failure or decrees of government bodies.

Notices to You. You agree to receive communications from us in an electronic form. Electronic notices will be delivered to your email address, as set forth in the Application or as subsequently changed by you by written notice to us. All communications in electronic format will be considered to be "in writing" and to have been received on the day that we send them. We reserve the right, but assume no obligation, to provide communications in paper format.

Notices to Us. Any notices to us or any questions concerning this Agreement should be in the English language and addressed to: info@image-translation.com

Choice of Law

In case of any disagreements, they should be settled in accordance with Swiss laws under exclusive jurisdiction of the Swiss Courts.